The following excerpt is from Wesolek v. Canadair Ltd., 838 F.2d 55 (2nd Cir. 1988):
474 U.S. at 144, 106 S.Ct. at 469. There was plainly, however, no problem of lack of notice in the present case. The rule established in McCarthy v. Manson had been in effect for several years. The magistrate's report directed the parties to the most pertinent rules and statutory provision, all of which set forth the 10-day time limit for
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